Mont. Admin. R. 8.22.2901 - GENERAL PROVISIONS
(1) All persons
engaged in racing or any part thereof or employed by any person engaged in
racing or any part thereof, or employed by the licensee to engage in racing or
any part thereof, shall be licensed by the board .
(2) If approved by the board any eligible
person may be licensed in a dual capacity providing, however, that there is no
real or apparent conflict of interest as determined by the board .
(3) It shall be unlawful for any person to
take part in, or officiate in any way or to be employed in any capacity in any
race meeting without first having secured a license and paid the license
fee.
(4) It shall be the duty of
the licensee conducting the race meet to see that each and every employee of
the licensee is properly licensed before the race meet commences.
(5) No one under 16 years of age, shall be
licensed in any capacity. Any person under the age of 16 in the legal custody
of a licensed racing person may obtain from the board an identification card
authorizing his presence in the training area.
(6) All applications for licenses to
participate in racing shall be made to the board on forms supplied by
them.
(7) The stewards shall
examine each application for license and may require each applicant to be
fingerprinted and photographed at such time and place and in such manner as the
board may direct. The stewards shall recommend approval or disapproval of the
application and no person shall be recommended for license, who in the opinion
of the stewards, is unqualified by experience or otherwise to perform the
duties required of such applicant. If any application for license is not
approved, the stewards shall inform the board of the reason for not approving
the application.
(8) The board may
approve an application for a license which has not been approved by the
stewards if the reason for not approving as submitted by the stewards appears
to be inadequate or unsupported by facts. The board may refuse to issue or
renew a license to any person whose previous conduct is considered by the board
to be detrimental to the best interests of racing.
(a) A refusal to grant a license by any other
state unaccompanied by good and valid reasons shall not be considered as a
ruling by this board .
(b) The
denial of a license by the board to any applicant has the same force and effect
as a ruling for the violation of a racing rule, and the denial of a license by
the board for cause shall continue in effect until such time as the board shall
approve a subsequent application for a license.
(c) The board will recognize and will uphold
all rulings of every racing jurisdiction. Under
23-4-202, MCA, application or
reapplication for licensure in Montana will be allowed two years after the date
of the original licensing sanction order, regardless of the jurisdictional
origin of the original license sanction order. The board reserves the right to
deny any application for a license from any person whose previous conduct it
considers to be detrimental to the best interest of racing regardless of
whether the applicant holds a valid license from another racing jurisdiction.
The board shall have discretionary power to issue a license, or refuse to do
so, after an investigation. An applicant for licensure or relicensure under
this section must complete the reinstatement procedure in (9).
(9) Any person who was licensed by
the board but whose license was revoked, or whose license was surrendered while
under investigation or while pending a disciplinary proceeding, and who desires
to become relicensed by the board must make application for reinstatement by
completing a license reinstatement form provided by the board , along with a
completed license application and fee. All persons applying for a license after
license sanction imposed in another jurisdiction, will be evaluated according
to this procedure.
(a) An application for
reinstatement of license shall not be accepted by the board for at least two
years after the license has been revoked or surrendered either by the Montana
board or another racing jurisdiction unless a shorter time period is specified
by the Montana board at the time of revocation or surrender.
(b) The application shall be filed in the
board office, and reviewed and investigated by board staff. Except for good
cause shown, no less than 90 days after receipt of the application, the
executive secretary shall make a recommendation to the board concerning the
applicant's compliance with board rules and whether or not the applicant is
appropriate for reinstatement.
(c)
The board may, but need not, schedule an oral presentation from the applicant
or applicant's legal counsel, or may take testimony from witnesses, in addition
to reviewing the application, written documents and the recommendation from
staff. If the board denies the application, it shall comply with
2-4-601 et seq., MCA, for license
denial.
(d) The applicant for
reinstatement shall have the burden of proving by clear and convincing evidence
that the applicant meets the criteria required by this rule. The applicant also
has the burden of producing evidence in support of the applicant's position. If
the applicant produces evidence which meets the burden of proof, and it is not
overcome by evidence to the contrary, then the applicant may be reinstated.
Nothing in this rule precludes the board from issuing a license with conditions
attached.
(e) The board may impose
such conditions as will tend to prevent a reoccurrence of a situation similar
to the applicant's prior problem. The order granting a conditional or
probationary license may state that breach of any of the conditions will result
in loss of license without the right to a prior hearing.
(f) The following factors must be proven to
the board by clear and convincing evidence in favor of the applicant in order
to support reinstatement of license:
(i)
Applicant must present evidence that the applicant's presence at places under
the jurisdiction of the board will not be detrimental to the best interests of
racing;
(ii) Applicant has taken
responsibility for the applicant's misconduct, and shows sincere remorse for
that misconduct;
(iii) If
applicable, resolution of substance abuse problems, personal financial
problems, and medical, mental and emotional problems which did or may have
contributed to the revocation or suspension;
(iv) Willingness to pay restitution to those
who were injured or victimized by applicant's prior conduct resulting in the
disciplinary action, as well as other similar conduct for which applicant is
responsible; and
(v) Willingness to
comply with the statutes, rules and orders relating to racing in
Montana.
(10)
An applicant for license shall fill out, complete and submit the application to
the board licensing secretary on the track, accompanied with the appropriate
fee. The validity of that license is subject to the approval of the application
by the state steward. The parimutuel manager shall approve all parimutuel
applications. The licensing secretary shall forward the application and a copy
of the receipt to the board office, along with a copy of that day's deposit.
The licensing secretary shall make a deposit at the end of each race day. At
the time of receipt of the application and fee, the licensing secretary on the
track shall issue to the applicant an identification card which shall serve as
the license.
(11) All persons
licensed by the Montana board of horse racing must obtain a board
identification card, upon which appears the photograph of the license holder.
The license holder must wear the identification card so that the same is
plainly visible at all times while the license holder is on the grounds of the
licensee conducting the race meeting.
(12) Every license shall be for not more than
one year, and shall expire on December 31 of that year.
(13) In the event of the loss of a license
card, the board will issue a duplicate upon payment of the appropriate
fee.
(14) All corporations having
any interest in a horse shall file with the Montana board of horse racing at
the time of filing application for an owner's license a statement setting forth
the names and addresses of all officers, directors and stockholders of said
corporation.
(15) A person licensed
at one track in Montana and desiring to race at another track in Montana is
subject to have a license validated at that track. Failure to do so may result
in a fine or suspension by the board . In order to have a license validated, the
person must have race horses at that track or show proof of gainful employment
at that track.
Notes
Sec. 23-4-104, 23-4-202, MCA; IMP, Sec. 23-4-104, 23-4-201, MCA;
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